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AZ HCR2022

Concurrent Resolution

Status

Introduced

2/7/2022

Primary Sponsor

Alma Hernandez

Click for details

Origin

House of Representatives

Fifty-fifth Legislature - Second Regular Session (2022)

AI Summary

  • Proposes constitutional amendment to Article II, Section 15 to change "Excessive bail shall not be required" to "Monetary bail shall not be required."

  • Proposes constitutional amendment to Article II, Section 22 to create a presumption that persons arrested or summoned for crimes are eligible for pretrial release unless clear and convincing evidence shows they pose significant risk to physical safety of alleged victim or others.

  • Establishes exceptions where pretrial release is not presumed: capital offenses/first degree murder, sexual assault, or crimes against minors if proof is evident or presumption great; violent felonies committed while on pretrial release for separate felony if proof evident; felonies threatening safety if no conditions ensure safety; and serious felonies by undocumented immigrants if proof evident.

  • Authorizes pretrial detention if court determines credible evidence shows accused poses significant risk to alleged victim or others, or significant risk of fleeing jurisdiction.

  • Requires judicial officers to impose least restrictive pretrial release conditions necessary for public safety and court appearance, and prohibits requiring accused to pay for goods or services as condition of pretrial release.

Legislative Description

Prohibited bail; pretrial release presumption

Constitutional Amendments (arizona)

Last Action

House JUD Committee action: Failed To Pass, voting: (4-6-0-0-0-0)

2/9/2022

Committee Referrals

Rules2/7/2022
Judiciary2/7/2022

Full Bill Text

No bill text available